January 9, 2014
ABSOLUTE ARCHITECTURE, P.C., an Illinois corporation, individually and on behalf of all others similarly situated, Plaintiff,
GRANITE MAX, INC., an Illinois corporation, and VITO GUARINO, individually Defendants.
MILTON I. SHADUR, Senior District Judge.
On December 26, 2013 putative class action plaintiff Absolute Architecture, P.C. ("Absolute") submitted its First Amended Motion for Class Certification (both that motion (Dkt. 12) and Absolute's First Amended Class Action Complaint (Dkt. 11) had been filed on December 23). Because the Dkt. 11 class certification motion supplanted the original such motion (Dkt. 4), the latter motion is denied as moot.
Neither this Court's notes on the December 26th hearing nor the docket, both of which reflect that newly-filed Dkt. 12 was entered and continued to February 12, 2014 at 9 a.m., reflects any action as having been taken on Absolute's motion for a default judgment as to defendant Granite Max, Inc. (Dkt. 8), which had been filed on December 2. Accordingly Absolute's counsel are ordered to bring that matter on for consideration on or before January 15, 2014, failing which Dkt. 8 will be treated as having been withdrawn without prejudice.